An Executor’s Duties in Florida, Explained for Boca Raton Families

A Boca Raton retiree names her oldest son as executor in her will. Years later, when she passes, he opens the document and finds his name — and a wave of questions. What does he actually have to do? In Florida, the role is called personal representative, and the duties are spelled out in Chapters 733 of the Florida Probate Code. Here is the job, walked through as her son will experience it.

Step one: getting appointed

Being named in the will does not give the son power yet. He must petition the Palm Beach County probate court, which then issues Letters of Administration (often loosely called “letters testamentary”). Only with those Letters can he legally act for the estate. Florida also imposes eligibility rules — a personal representative must generally be a Florida resident, or a close relative such as a spouse, child, or sibling if out of state. A friend living in another state typically cannot serve.

Step two: marshaling the assets

Once appointed, the son must locate and take control of the estate’s assets and file an inventory with the court. For his mother, that means the brokerage account, the bank accounts, the contents of her Boca West home, and any items of value. He also secures the property — changing locks, maintaining insurance, and keeping the condo association dues current so nothing lapses.

Step three: dealing with creditors

Florida law requires the personal representative to publish a notice to creditors and to serve known creditors directly. Creditors then have a limited window to file claims. The son’s job is to review each claim, pay valid ones, and object to improper ones. He must not simply distribute money to himself and his siblings before debts and expenses are handled — that is one of the fastest ways a personal representative gets into personal trouble.

The fiduciary duty at the heart of it all

Above every task sits one principle: the personal representative is a fiduciary. The son must act in the best interest of the estate and its beneficiaries, keep estate money completely separate from his own, and avoid self-dealing. If he favors himself over his siblings or is careless with assets, he can be held personally liable. Boca Raton beneficiaries are entitled to information, and good record-keeping protects the executor as much as it protects them.

Step four: taxes and final accounting

He must file the decedent’s final income tax return and handle any estate income. The good news in Florida: there is no state estate or inheritance tax, and most estates never reach the federal estate tax threshold. After debts, taxes, and expenses are settled, he prepares a final accounting, distributes the remaining assets according to the will, and petitions to close the estate.

What the son should not do alone

• Distribute assets before the creditor period closes.
• Mix estate funds with personal funds.
• Sell real estate without confirming his authority under the Letters.
• Ignore homestead rules — the residence may pass outside the probate estate under Article X, §4.

Get guidance early

Serving as a personal representative in Florida carries real legal exposure, and the steps must happen in the right order. A licensed Florida probate attorney can guide a Boca Raton executor through appointment, creditor handling, and closing — reducing both stress and liability. This article is general information, not legal advice.